Legal Aid NSW Criminal Law Division

In a very special 30th episode, the Chief Justice of New South Wales, The Honourable Andrew Bell AC, joins all three hosts. The Chief Justice reveals insights about his path to the role, the inner workings of the Supreme Court and the way judges work together. We also hear the Chief Justice speak about Solutions Focused Justice, developments in the law and the importance of the Liberato direction.

1. Totaan v The the Queen [...

Episode 29 of the 5 Cases Podcast; Is everyone at CLANT? Caitlin and Paul are jealous but review 5 cases for you on the topic of fitness in the Children's Court; costs in the Local Court; The rule in Hofer v The Queen; objections to the admissibility of recorded interviews and the treatment of Edwards-style lies. 

The cases discussed are:

R v Nick [2026] NSWChC https://www.caselaw.nsw.gov.au/decision/19ed2e2b7a4450339aa3c...

In this bumper episode, Sophie Anderson and Caitlin Akthar talk you through the new must-know High Court authority on tendency, The King v AR [2026] HCA 10; how to stop unfair Crown questioning of accused in McGuire v R [2021]NSWCCA 287 and [redacted]; the admissibility of expert certificates in JS v Director of Public Prosecutions (NSW)[2026] NSWCA 58, and whether the strength of the Crown case affect...

Paul and Sophie take you through brief service order requirements in the Local Court in Nash v Local Court of NSW [2026] NSWSC 197. Local Court Judge powers to refuse entry of a plea in Bradley Reyter v Director of Public Prosecutions (NSW) [2026] NSWSC 100. Ethical and practical considerations on advising your client whether to give evidence in their trial in AA v R [2026] NSWCCA 10. Aggregate sentencing in Commonwealth matters in...

Catch up on recent case law; and step back in time to 1884, in this recent episode of the 5 Cases Podcast, with guest Professor David Heilpern. Episode 26 is packed with refreshers on the law, current decisions and favourite cases picked by our special guest. 

1. Dpp v Carr [2002] NSWSC 194 (25 January 2002)
2. Police v Butler [2003] NSWLC 2
3. R v Dudley & Stephens (1884) 14 QBD 273
4. BV v R [2025] NSWCCA 217 (12 December 2025)
...

Tom Quilter SC, Dr Andrew Ellis, consultant psychiatrist and Callum Hair, solicitor advocate, come together to discuss what happens in the legal system for people who are charged with a serious offence, who have a mental health or cognitive impairment. They examine the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, assessing a person for fitness, and talk about why early collaboration between criminal and civi...

Paul, Sophie and Caitlin recommend some tv, podcasts and reading to keep criminal lawyers entertained over the holiday period.

TV

1. Crime Night! (ABC Television Series) https://iview.abc.net.au/show/crime-night
2. The Jury: Death on the Staircase (SBS Television Series) https://www.sbs.com.au/ondemand/tv-series/the-jury

Books

1. Illuminate: Ignite Change Through Speeches, Stories, Ceremonies and Symbols....

Paul, Caitlin and Sophie round out the year with the latest on:

1. The boundaries of search powers under the Firearms Act, LEPRA and the Common Law in AA v Constable Michael Moore [2025] NSWSC 1241 
2. The use of evidence obtained by community vigilantes in Director of Public Prosecutions (NSW) v Beeby [2025] NSWSC 1307 
3. Exclusive possession of drugs and cash in English v R [2025] NSWCCA 184 
4. The application of De Sim...

In this episode, Paul Coady SC will take you through: A listener shout out! A special leave application discussing integrity of judicial power and the ANOM app in CD v The Commonwealth of Australia (A2-2025 & A24-2024) [2025] HCA 37 and a related book review; An alternative pathway of admissibility in expert reports in Director of Public Prosecutions (NSW) v JS [2025] NSWSC 1172. Can you raise good character when there is ...

Legal Aid NSW lawyers, join forces with Aboriginal Legal Service NSW/ACT Ltd to discuss the new bail test introduced under s22C of the Bail Act as it relates to children. In this two-part episode, you will hear frank discussion on the decision to introduce the section. How it's impacted vulnerable children, particularly Aboriginal children in the context of Closing the Gap and learn about the evolving case law.

In part two, all thr...

Legal Aid NSW lawyers, join forces with Aboriginal Legal Service NSW/ACT Ltd to discuss the new bail test introduced under s22C of the Bail Act as it relates to children. In this two-part episode, you will hear frank discussion on the decision to introduce the section. How it's impacted vulnerable children, particularly Aboriginal children in the context of Closing the Gap and learn about the evolving case law.

In part two, all thr...

Caitlin and Sophie discuss bail, in the Local Court pending DC Appeal of Allsopp v R [2025] NSWDC 338, the test for making AVOs in Smith v Blanch [2025] NSWCA 188, sentencing for Form 1 offences in Koosmen v R [2025] NSWCCA 122, whether a causal nexus is required to take mental illness into account in Lane v R [2025] NSWCCA 113, and whether you can be struck off the roll for being rude in Council of the Law Society o...

Sophie and special guest, Chanel Beesley Barrister discuss the law of tendency in a recent discussion on a Judges Directions and the importance of how those directions are put to a jury in MDP v The King, HCA 24, the importance of not using AI and passing it off as your own submissions, in Valu v Minister for Immigration and Multicultural Affairs (No. 2) [2025] FedcFamC2G 95 ; more Tendency - but what is reasona...

An interview with Judy Harper, Program Director and Taylor Budin, lived experience person from Justice Advocacy Service. We deep dive into some wisdoms on how to best engage with people who have a cognitive impairment, the services JAS offer, and how their support can benefit vulnerable clients attending court. You can find out more information about JAS via About JAS - IDRS or access their 24/7 phone line for people in police cust...

Caitlin discusses the law of arrest in State of New South Wales v Dennis [2025] NSWCA 118, consent and intoxication in sex offences in Smee v R [2024] NSWCCA 121, EAGP Discounts in Rokovada v R [2025] NSWCCA 64, Bugmy principles and general deterrence in NK v R [2025] NSWCCA 73 and reducing a sentence for ‘quasi-custody’ in Testici v R [2025] NSWCCA 88.

Going to the Legal Aid Conference or Criminal Lawyers Dinner? Head...

Welcome to Episode 19 of the 5 cases podcast. In this episode, Caitlin and Sophie discuss :

1. Complainant demeanour in The King v Ryan Churchill (a pseudonym) [2025] HCA 11.
2. The High Court weighs in on prosecutorial disclosure in Brawn v The King [2025] HCA 20, 
3. The legal effect of agreements between the Crown and accused in Sayer-Jones v R 2022 NSWCCA 99
4. An important case on the correct process for managing Sexual Ass...

The Aboriginal Service Branch (ASB) has put together a new podcast episode called ‘Your Honour, it’s a cultural thing! Black Letter Lore: Representing Mob with Culture in Mind.’ In this podcast, Director, Kim Hamer, Senior Solicitor Taylah Gray, and Senior Project Officer, Kyle Burgess, unpack the best practices for culturally appropriate representation, the role of Aboriginal Field Officers, and the importance of...